Conservatives Unite Behind Senator Ron Johnson's Obamacare Lawsuit

Nearly two-dozen conservative organizations today sent a letter to all U.S. Senators urging them to sign onto an amicus brief. The brief, related to a pending lawsuit by Senator Ron Johnson (R., Wisc.) against the Office of Personnel Management, calls for Obamacare to be enforced as written.

The case in question involves the illegal rule by OPM which extends Obamacare subsidies and other matters to Congressional elected officials and staff in direct contravention of the Obamacare law as written.

The full text of the letter can be found here. Letter text and signers below:

On behalf of the citizen activists we represent, we urge you to add your name to an amicus brief in the case of Johnson v. Office of Personnel Management (OPM). This amicus brief is open only to Members of Congress and United States Senators.

The case in question involves the illegal rule by OPM which extends Obamacare subsidies and other matters to Congressional elected officials and staff in direct contravention of the Obamacare law as written.

The amicus brief makes two main points:

The unlawful enhancement of Congressional health benefits at issue here reflects a growing trend of executive lawlessness. It’s the duty of the President to make sure that laws are faithfully-executed. When it comes to Obamacare, there have been many breaches of this principle. The Galen Institute has estimated that there have—to date—been no fewer than 21 executive fiat changes to Obamacare. It’s Congress’ job to write the laws, and it’s the President’s job to enforce them as written. If the law isn’t working, it’s the prerogative of Congress—not the President—to change the law.

Lawmakers and their staff have standing to challenge the illegal distortion of their health benefits. The OPM rule harms Congressional Members and staff because it alters the health benefits the law calls for them to have. This denies them equal treatment under the law, since staff and Members receive OPM subsidies that other Americans cannot get. Even worse, the impossible situation this creates for staff in particular forces them (very understandably) to be complicit in a conspiracy to violate the law as written.

It’s time that the executive overreaches seen under this Administration be held in check by the courts. Signing onto Senator Ron Johnson’s amicus brief is one way you can fight back. We urge you to do so.